Physical and mental health of the parents Age and sex of child Wishes of the child if he or she is of the right age Religious considerations The relationship with & support from extended family of each parent Proof of alcohol, drug, or sexual abuse of each parent Emotional abuse or discipline from parents Stability of the home environment of each parent The child s adjustment to community and school The wishes of the child regarding his or her custody have a huge bearing in any custody decision. Filing the documents for the custody of your child is only the first step in the process, and this alone can drain you of energy. You will need to fill out some forms from the courthouse. The forms can also be downloaded from the website of the city or county where you live. On the custody form, you will have to write your name and the name of the other parent, the location of your child since birth, and other important details. Doing an online research can help you predict what will happen based on the similar cases you have read. It can also pitch you some ideas on what legal actions you can take if your ex-spouse is not following the custody and visitation order made by the court. Divorce is indeed a difficult phase in your life, especially if it concerns your child. If the father fails in his obligations, the mother has the right to ask the court to terminate custody rights of the father. She can also ask to nullify visitation and custody rights of the father if there is physical abuse or violence. If the physical and mental stability of the father affects the emotional and psychological development of the child, mothers can file a petition for a transfer of custody. The court determines it based on various factors such as the main caretaker of the child, the wishes of the child, the home environment of each parent, the willingness of a parent to nurture a good relationship with the other parent, the character and behavior of each parent, and any case of abuse or neglect of each parent in the past. This step is important if the judge wishes to talk to your children in private or if your children are required to testify in court. Let your children know what they should expect to happen so that they won t be scared. You only need to explain that the judge wants to ask your children a few questions so that he can better understand the situation.